The Life of Yakoob Beg Part 10

(Signed) C. U. AITCHISON, Officiating Secretary to the Government of India, Foreign Department.

TREATY BETWEEN RUSSIA AND KASHGAR.

THE FOLLOWING CONDITIONS OF FREE TRADE WERE PROPOSED AND AGREED UPON BETWEEN GENERAL AIDE-DE-CAMP VON KAUFMANN AND YAKOOB BEG, CHIEF OF DJETY-SHAHR.

ARTICLE I.

All Russian subjects, of whatsoever religion, shall have the right to proceed for purposes of trade to Djety-Shahr, and to all the localities and towns subjected to the Chief of Djety-Shahr, which they may desire to visit in the same way as the inhabitants of Djety-Shahr have hitherto been, and shall be in the future, ent.i.tled to prosecute trade throughout the entire extent of the Russian Empire. The honourable chief of Djety-Shahr undertakes to keep a vigilant guard over the complete safety of Russian subjects, within the limits of his territorial possessions, and also over that of their caravans, and in general over everything that may belong to them.

ARTICLE II.

Russian merchants shall be ent.i.tled to have caravanserais, in which they alone shall be able to store their merchandise, in all the towns of Djety-Shahr in which they may desire to have them. The merchants of Djety-Shahr shall enjoy the same privilege in the Russian villages.

ARTICLE III.

Russian merchants shall, if they desire it, have the right to have commercial agents (caravanbas.h.i.+s) in all the towns of Djety-Shahr, whose business it is to watch over the regular courts of trade, and over the legal imposition of customs dues. The merchants of Djety-Shahr shall enjoy the same privilege in the towns of Turkestan.

ARTICLE IV.

All merchandise transported from Russia to Djety-Shahr, or from that province into Russia, shall be liable to a tax of 2-1/2 per cent. _ad valorem_. In every case this tax shall not exceed the rate of the tax taken from Mussulmans being subject to Djety-Shahr.

ARTICLE V.

Russian merchants and their caravans shall be at liberty, with all freedom and security, to traverse the territories of Djety-Shahr in proceeding to countries conterminous with that province. Caravans from Djety-Shahr shall enjoy the same advantages for pa.s.sing through territories belonging to Russia.

These conditions were sent from Tashkent on the 9th of April, 1872.

General Von Kaufmann I., Governor-General of Turkestan, signed the treaty and attached his seal to it.

In proof of his a.s.sent to these conditions, Mahomed Yakoob, Chief of Djety-Shahr, attached his seal to them at Yangy-Shahr, on the 8th of June, 1872.

This treaty was negotiated by Baron Kaulbars.

TREATY BETWEEN ENGLAND AND KASHGAR.

TREATY BETWEEN THE BRITISH GOVERNMENT AND HIS HIGHNESS THE AMEER MAHOMED YAKOOB KHAN, RULER OF THE TERRITORY OF KASHGAR AND YARKAND, HIS HEIRS AND SUCCESSORS, EXECUTED ON THE ONE PART BY THOMAS DOUGLAS FORSYTH, C.B., IN VIRTUE OF FULL POWERS CONFERRED ON HIM IN THAT BEHALF BY HIS EXCELLENCY THE RIGHT HON. THOMAS GEORGE BARING, BARON NORTHBROOK OF STRATTON, AND A BARONET, MEMBER OF THE PRIVY COUNCIL OF HER MOST GRACIOUS MAJESTY THE QUEEN OF GREAT BRITAIN AND IRELAND, GRAND MASTER OF THE MOST EXALTED ORDER OF THE STAR OF INDIA, VICEROY AND GOVERNOR-GENERAL OF INDIA, IN COUNCIL, AND ON THE OTHER PART BY SYUD MAHOMED KHAN TOORAH, MEMBER OF THE 1ST CLa.s.s OF THE ORDER OF MEDJIDIE, &C., IN VIRTUE OF FULL POWERS CONFERRED ON HIM BY HIS HIGHNESS.

Whereas it is deemed desirable to confirm and strengthen the good understanding which now subsists between the high contracting parties, and to promote commercial intercourse between their respective subjects, the following Articles have been agreed upon:--

ARTICLE I.

The high contracting parties engage that the subjects of each shall be at liberty to enter, reside in, trade with, and pa.s.s with their merchandise and property into and through all parts of the dominions of the other; and shall enjoy in such dominions all the privileges and advantages with respect to commerce, protection or otherwise, which are, or may be, accorded to the subjects of such dominions, or to the subjects or citizens of the most favoured nation.

ARTICLE II.

Merchants of whatever nationality shall be at liberty to pa.s.s from the territories of the one contracting party to the territories of the other, with their merchandise and property at all times, and by any route they please; no restriction shall be placed by either contracting party upon such freedom of transit, unless for urgent political reasons to be previously communicated to the other; and such restriction shall be withdrawn as soon as the necessity for it is over.

ARTICLE III.

European British subjects entering the dominions of His Highness the Ameer, for purposes of trade, or otherwise, must be provided with pa.s.sports certifying to their nationality. Unless provided with such pa.s.sports they shall not be deemed ent.i.tled to the benefit of this treaty.

ARTICLE IV.

On goods imported into British India from territories of His Highness the Ameer, by any route over the Himalayan pa.s.ses, which lie to the south of His Highness's dominions, the British Government engages to levy no import duties. On goods imported from India into the territories of His Highness the Ameer, no import duty exceeding 2-1/2 per cent., _ad valorem_, shall be levied. Goods imported, as above, into the dominions of the contracting parties may, subject only to such excise regulations and duties, and to such munic.i.p.al or town regulations and duties, as may be applicable to such cla.s.ses of goods generally, be freely sold by wholesale or retail, and transported from one place to another within British India, and within the dominions of His Highness the Ameer respectively.

ARTICLE V.

Merchandise imported from India into the territories of His Highness the Ameer will not be opened for examination, till arrival at the place of consignment. If any disputes should arise as to the value of such goods, the customs officer, or other officer acting on the part of His Highness the Ameer, shall be ent.i.tled to demand part of the goods, at the rate of one in forty, in lieu of the payment of duty. If the aforesaid officer should object to levy the duty by taking a portion of the goods, or if the goods should not admit of being so divided, then the point in dispute shall be referred to two competent persons, one chosen by the aforesaid officer, and the other by the importer, and a valuation of the goods shall be made, and if the referees shall differ in opinion, they shall appoint an arbitrator whose decision shall be final, and the duty shall be levied according to the value thus established.

ARTICLE VI.

The British Government shall be at liberty to appoint a Representative at the Court of His Highness the Ameer, and to appoint a Commercial Agent, subordinate to him in any town or place considered suitable within His Highness's territories. His Highness the Ameer shall be at liberty to appoint a Representative with the Viceroy and Governor-General of India, and to station Commercial Agents at any places in British India considered suitable. Such Representatives shall be ent.i.tled to the rank and privileges accorded to amba.s.sadors by the law of nations, and the Agents shall be ent.i.tled to the privileges of Consuls of the most favoured nation.

ARTICLE VII.

British subjects shall be at liberty to purchase, sell, or hire land, or houses, or depots for merchandise, in the dominions of His Highness the Ameer, and the houses, depots, or other premises of British subjects, shall not be forcibly entered or searched without the consent of the occupier, unless with the cognizance of the British Representative or Agent, and in presence of a person deputed by him.

ARTICLE VIII.

The following arrangements are agreed to for the decision of Civil Suits and Criminal Cases within the territories of His Highness the Ameer, in which British subjects are concerned:--

(_a._) Civil suits in which both plaintiff and defendant are British subjects, and Criminal Cases in which both prosecutor and accused are British subjects, or in which the accused is a European British subject, mentioned in the Third Article of this Treaty, shall be tried by the British Representative or one of his Agents, in the presence of an Agent appointed by His Highness the Ameer;

(_b._) Civil suits in which one party is a subject of His Highness the Ameer, and the other party a British subject, shall be tried by the Courts of His Highness, in the presence of the British Representative or one of his Agents, or of a person appointed in that behalf by such Representative or Agent;

(_c._) Criminal cases in which either prosecutor or accused is a subject of His Highness the Ameer shall, except as above otherwise provided, be tried by the Courts of His Highness in presence of the British Representative, or of one of his Agents, or of a person deputed by the British Representative, or by one of his Agents;

(_d._) Except as above otherwise provided, Civil and Criminal Cases in which one party is a British subject, and the other the subject of a foreign power, shall, if either of the parties be a Mahomedan, be tried in the Courts of His Highness; if neither party is a Mahomedan, the case may, with consent of the parties, be tried by the British Representative or one of his Agents; in the absence of such consent, by the Courts of His Highness;

(_e._) In any case disposed of by the Courts of His Highness the Ameer to which a British subject is party, it shall be competent to the British Representative, if he considers that justice has not been done, to represent the matter to His Highness the Ameer, who may cause the case to be re-tried in some other Court, in the presence of the British Representative, or of one of his Agents, or of a person appointed in that behalf by such Representative or Agent.

ARTICLE IX.

The rights and privileges enjoyed within the dominions of His Highness the Ameer by British subjects under the Treaty, shall extend to the subjects of all Princes and States in India in alliance with Her Majesty the Queen; and if, with respect to any such Prince or State, any other provisions relating to this Treaty or to other matters should be considered desirable, they shall be negotiated through the British Government.

ARTICLE X.

Every affidavit and other legal doc.u.ment filed or deposited in any Court established in the respective dominions of the high contracting parties, or in the Court of the Joint Commissioners in Ladakh, may be proved by an authenticated copy, purporting either to be sealed with the seal of the Court to which the original doc.u.ment belongs, or, in the event of such Court having no seal, to be signed by the Judge, or by one of the Judges of the said Court.

ARTICLE XI.

When a British subject dies in the territory of His Highness the Ameer his movable and immovable property situate therein shall be vested in his heir, executor, administrator, or other representative on interest or (in the absence of such representative) in the Representative of the British Government in the aforesaid territory. The person in whom such charge shall be so vested shall satisfy the claims outstanding against the deceased, and shall hold the surplus (if any) for distribution among those interested. The above provisions, _mutatis mutandis_, shall apply to the subjects of His Highness the Ameer, who may die in British India.